This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Land transfer from Ltd Co to individual

mp2016
Posts:13
Joined:Sat Jan 02, 2016 1:14 pm
Land transfer from Ltd Co to individual

Postby mp2016 » Sun Apr 22, 2018 11:29 am

Hi

I am the sole director and shareholder of a limited company.

The company ceased trading and it was just before the 6 years time limit i realised the company had some land that had been bought still in its name.

I had the company reinstated ... just in time before it went Bona Vacantia and the land would have gone to the crown.

The land cost 60k and is valued at 60k from 2 independent valuations.

I want to transfer the land from the company to myself, as its value is only 60k there is no stamp duty due.

What is the best way for me to do this, as the resurrected company does not have a bank account, and i don't particularity want to go through the process of opening one for this one transaction, after which the company will be dissolved.

Can i transfer the land to myself at 60k, and not undertake the movement of money, as i intend to pay tax on the money as income tax / dividends?

Any other suggestions as to how best to resolve this?

Thanks in advance.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Land transfer from Ltd Co to individual

Postby bd6759 » Sun Apr 22, 2018 4:12 pm

Just give the land to yourself. It will be a distribution, and you will pay tax as if it were a dividend.

mp2016
Posts:13
Joined:Sat Jan 02, 2016 1:14 pm

Re: Land transfer from Ltd Co to individual

Postby mp2016 » Tue Apr 24, 2018 7:27 am

Would i have to pay the solicitor the 60k and then they send it back to me as the director of the company (company does not have a bank account)

Or could it be a cashless transaction?

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Land transfer from Ltd Co to individual

Postby bd6759 » Tue Apr 24, 2018 8:58 am

You are not buying the property. The company is giving to you.

mp2016
Posts:13
Joined:Sat Jan 02, 2016 1:14 pm

Re: Land transfer from Ltd Co to individual

Postby mp2016 » Tue Apr 24, 2018 3:45 pm

So on the land registry form the amount would be "0" zero or 60K?

Thanks in advance again

TaxAdviser2018
Posts:26
Joined:Tue Apr 17, 2018 1:34 pm

Re: Land transfer from Ltd Co to individual

Postby TaxAdviser2018 » Tue Apr 24, 2018 4:49 pm

One option you may wish to consider is to formally liquidate the company with the capital distribution on a liquidation being tax under the capital gains tax provision. There is anti-avoidance legislation that will tax the distribution on you as income should you commence the same or similar activity within two years of the liquidation where the relevant conditions are satisfied.


Return to “Company Taxation”